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to give anybody a true and just vew of this affair, and to make them comprehend the difficulties in it at a distance. As to this affair of ours, there is nothing so like a Whige as a Torie and nothing so like a Torie as a Whige-a cat out of a hole and a cate in a hole.

Notwithstanding many dissapointments I have mett with in the Union, I have yet some hopes that if this of our elections were altred to both our contents, they wou'd come to treat us more like one people; but as long as they last they have such an apprehension of the aquisition of strenth the Crown gets by us, and as it were in opposition to both their parties, that they will ever treat us as enimies, Whige and Torie being alike affraid of the power of the Crown.

I must own to you that I think its possible to find out an expedient in the matter of our elections more for the intrest of our nobility and Scotland in generall, and what wou'd be thought so there if they judged impartially; but I know the bent of that country is so much for the dissolution of the Union, that they will not harken to any expedient of this kind with patience, thinking it is to confirme that which they hate; so one must be very cautious how they go into anything of this kind. With you I have no doubt but the dissolveing of the Union is thought to be possible and pritty easie in a Parliamentary way; but that I cannot conceave, and I fear it will be found so, and I wish our countrymen could be made understand this.

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We here have proposed no expedient, and when any were proposed to us, endeavoured to show the impractibility of any succeeding. We askt one of two things-either to be put in our own place as we were before the Union by dissolveing it, or as we were before this vote in the House of Lordes; but as yet have got little satisfaction in either of them from anybody or partie. Those who seem'd to wish us well, told us they wou'd come into any reasonable expedient to set us right provided we would agree to parte wth our elections, and this ha been told us by both sides; but they sung dumb as to any of the other two. Severall of them have talkt of expedients to us, but there has been no formall offer of any, so I send you non of them, being only talk and only seemeing to forme what will bear.

THE EARL OF MAR to his brother, the JUSTICE CLERK.

1711-2, February 14.-I find that in Scotland it is thought that the expedient which was talkt of here in the affair of the peerage was a proposall of the Scots lords who are in the House, which is a very great mistake, for they never proposed anything but to be restored to the condition they thought themselves in before the judgment, and this not one almost of any partie here wou'd hear of, which was the reason we did not propose it in the House. It was the English who talkt of the expedient to us, and those of them who had been most

friendly in the Duke of Hamilton's affair, I mean the Court; but they could not bring the House up to what they intended, as you would hear by the word request being put into the resolution in place of consent. The nixt offer was made us upon this was that the Queen should be enabled by an Act of Parliament to call the peers of Scotland togither to lay this matter before them, in order to their laying before her Majestie what they wou'd propose in this affair, and then betwixt and that meeting the Queen's servants wou'd concert with the Scots here a reasonable scheme to be laid before them, and measurs would be taken to bring all the peers of Scotland into it, seeing it for their own intrest, and so that they would lay it before the Queen as their request, that she might lay it before the Parliament nixt sessions. This they said was all that was in their power to bring people up to just now, and that by the former proceedings it appeard that if they should come to any particulare of the project, it would be made harder for us, but that against nixt sessions the Court would have more power and have their partie more of a pice. We thought it reasonable to hear what expedient would be proposed to us after the Duke] of H[amilton]'s defeat, and so went on as we did, thinking we were in no danger since the peers of Scotland wou'd have it in their option at last to accept of or no as they pleased; but after that resolution was cairied in the House, with the word request in place of consent, and the only expedient to be further proposed that act empowering the Queen, etc., as above, we all thought this could be of no use in furthering our relife, and that the peers of Scotland when mett would never request the altring our elections, espetially when there was no certainty proposed to them of what they could expect in place of them, and that this would only be a delay. Therefore by the advice of all the Scots here we resolved to refuse this that was proposed by the Court, and if it was insisted on to oppose it. We acquented the Court of this, and when they found this to be our resolution they did not propose it, so there was nothing at all proposed in the comittie, which dropt at that time. We resolved at the same time not to attend the House until we saw some appearance of relife proposed to us, and this we let the Court in privat know. This was thought by a great many of our countrymen here so necessare for us to do, and that the Court and Tories secing us absent would agree to do something reasonable for our relife rather than be without our assistance in the House in their other bussiness, that had any of us been of an oppinion against this measure it had not been saif to have own'd it, for they would been very near thought traiters at home, and so have lost all intrest. We did not resolve to abandon the House entirely, but to neglect attending it, or when any of us should be there on a summons or by accident, we should not act til it was by the consent of the major parte of the sixteen present here. Thus we all stayd out of the House two dayes, at which the Tories were excessively angrie with us, and I

am indeed affraid it has done us no good. The D[uke] of Hamilton] was unluckie in it, for by our absence he lost a point betwixt him and Lord Mohoun, tho' indeed it could scarce be foreseen that it would happen so. The Tories were so angrie at our absenting that severalls of them resolved not to support the Toleration Bill if we did not attend, and some of them were resolved to join with the Whigs against it upon the account of its being unseasonablie brought in. This made severall of us think again, and tho' some of us would not have been for bringing the bill in at this time had they been consulted, yet since it was past one House we thought its being lost in the House of Lordes would be of worse effects; and therefore ther was a meeting of the sixteen peers desired at the D[uke] of Hamiltons. It was argued there whither we should attend or not; some were much against our attending, as 17 (who declaird positively against the bill itself, which there was no occation of doing); 56, 99, 84, and 130 were also of this oppinion. 33, 38, 45, 71, 92, 108. and 129 were of the other oppinion, and thought since the bill was like to miscairie if we did not attend, and that since it only or principally concernd Scotland and not a bussiness of the parties here, it was not breaking our resolution to go to the House on this occation, espetially since our resolution was not to abandon the House but only to neglect attending it, and when we hapned to be there that we only should not act without it was agreed by the major parte of us, that if the bill should chance to miscairie by our not attending we wou'd get little thanks from our constituents at home; upon all which they thought we should go to the House and every man act as he thought right in it. This being the oppinion of the major parte. it was resolved to go to the House, at which 17 was exceeding angrie, and at non so much at at 108, but he could not help it, tho' he endeavourd it again at a new meeting the nixt day. 28 nor 55 was at non of those meetings. So much for the historicall parte; I belive I must delay the rest I had to say til nixt post.

THE EARL OF MAR to his brother, the JUSTICE CLERK.

1711-2, March 13.-What humour will this Assemblie probablie be in? The Toleration is past, and the Act for restoring the patronages and another, the Christmass vacance, are ordred to be brought in, and in all probability will pass, and perhaps an act for inquiering into the bishops' rents in order to resum them will be also brought in. Did the Presbiterians see their cwn intrest they wou'd be quiet and easie, for when those things are once done ther's an end of all can be done against them, and their establishment wou'd then be secure, and those things they could not but expect wou'd happen on time or other; but this I'm affraid is too wise a parte to expect they will act. Tho' if they should be angrie what can they do? These things will be past, so they cannot remonstrate against them. 33 is very well with 157, and 160 will certainly do all

he can to keep the Presbiterians right. 38 speaks of this place for himself in jest, tho' indeed he is in earnest, and I do not know but he might succeed in getting it if some people concurrd, which 111 could probablie perswade so to do. I have reason to belive that 33 wou'd be more acceptable than he to the Assemblie. But all this is only a rud thought, and I belive it had scarce ever come in 33's head if it had not one day a late been spoke of to him by a certain person by way of jest, tho' he apprehends it was not altogither meant so; and in case anything more that way should be thought of, he is very anxious to have your oppinion of it soon, but he injoins me to tel you that you must speak of it to non liveing. Were you of oppinion for his accepting of it, and it came to be proposed seriously to him, I realie belive he wou'd repent this thought of his and refuse it; but pray write freely upon this point, and who else you wou'd think proper for that post. Annan[dale] is gone for Aix[ ], and perhaps will go farther, so thers no thinking of him, and even tho' he were here, for he's angrie

THE EARL OF MAR to his brother, the JUSTICE CLERK.

1712, April 10.-The Act for the Christmass vacance past our House to-day, but there is nothing in it of observing the 25th of December or 30th of January. The Patronage Bill is to be before us on Saturday, and by all appearance will pass too. It is not certain yet who is to be commissioner to the Assemblie, but I think 23 is most likely.

SIR HUGH PATERSON to the JUSTICE CLERK.

1712, April 15. Whitehall.-We have gote our two bills that were depending, which concerned our country, now passed both Houses, the one for a recess to the Courts of Judicature and the other for restoring the patronages, so that they want nothing now but the royal assent, which I hope they will have before the recess, they being both to be carried bake to the Lords this day. That of the patronages meett with some oposition, and counsel were heared against the passing of it att the barr of the House of Lords in behalf of the Commission of the Asembly, who had sent up here a petition against the passing of it; but their petition being adressed to the peers of Great Brittain, which was not in the due forme, Mr. Carstairs was oblidged to withdraw it, and present ane other to the Lords, spiritual and temporal. However, that had also little effect, the bill being carried by near two to one, tho' they had gott the whole W-s convined to opose it. The Bishop of Salsbury was one of the greatest sticklers against it, which I belive made it not goe the worse. The time allowed for the Christmas recess is the same as it was formerly, from the twentieth of December to the tenth of January.

THE EARL OF MAR to his brother, the JUSTICE CLERK.

1712, April 16.-The Comissioner to the Assemblie was not determind til yesterday, that the D[uke] ot Athole kist the Queen's hand on it. He was no wayes desireous of the emploiment, and was backward enough in accepting it. He goes off this week, and will have but scrimp time to cairie him to Edinburgh by the day of their meeting, which I'm told is the first of May. Mr. Carstairs goes to-morrow.

If the Assemblie be wise they will be calme and easie, if they be not they will bring an old house down about their ears. I hope the Duke] of Athole will be acceptable to them, and I wish things may go right in his handes.

SIR HUGH PATERSON to the JUSTICE CLERK.

1712, May 24. Whitehall.-My Lord Strafford is expected to goe bake fore Holland in a few days; his comming over here seems still a secret, tho' people make various conjectures about it. The Qween came to the House of Lords on Thursday, and gave the assent to several acts, among which were that of the Patronage and the Christmas vacation.

THE EARL OF MAR to his brother, the JUSTICE CLERK.

1712, July 22.--The Duke of Argyll goes one of these dayes for his government of Minorca; he goes throw France, and I belive is to take our troops in Catalonia along with him. And the Duke of Hamilton goes very soon into France, of which he makes no secret, else I should be shy of teling it. They seem both to be mightily pleased with their expeditions.

By the two papers you sent me last post I think the brethren are going mad, and it is not like to be their fault if they go not fast to perdition; but in my opinion the best way with them at this time is to dispise their doings so much as to neglect it, and take no notice at all of it. I hope it will not be in their power to stirr up the people to the follie of laying their foolish whimsies to heart, and so make their quarle theirs, and the longer they strugle in the net they will but intangle themselves the more, and in time be glade of a gentle hand to relive them. 100, with whom I spoke of this to-day, seems to be of this oppinion, and I'm sure it will be their own fault if they be made uneasie in their time; when they come to get the apparent darling of whom they seem to be so fond, perhaps they will be made to understand themselves, and to eat their meat in order, or else walk off in a pair of new shoes with a fine stick.

1712.-Copy of the Establishment for Civil Affairs in Scotand as at 25th December, 1712, with the salaries paid to each per on in sterling money.

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